When we own real estate and register it for validate it as belonging and property, we must obtain a domain certificate. In Argentina, the steps to obtain it are as follows.
What is the domain certificate about?
Thanks to this registration, which is made at the request of a notary, it is possible to be able to report the legal status of a real estate located in the Autonomous City of Buenos Aires.
On these occasions it causes a priority reservation.
This public document must be endorsed by a registrar, who guarantees and signs the information in the document, which is valid for everything related to the asset that appears in said report, whether it is past or present domain, with expired or current rights.
What is it for?
This domain registration and certification is incumbent on those assets located in the Autonomous City of Buenos Aires.
In the case of domain certificates, they count as advertising pertaining to the predominant percentage of legal effect.
Thanks to the certificate, certain rights can be validated before:
- third parties
- Physical persons.
- Legal persons.
- Courts and institutions.
- Public organisms.
It represents the legal means to achieve said task.
It can be requested, in the event that it is required to know if said property has previously been presented in the registry even if the registration has not been carried out.
In the case of a peculiar section that is delivered to carry out a judicial, legal, or administrative process, during the procedures to carry out the balance of debts, it causes changes in legal parties. This influences given occasions of auction of the property.
Full certification or various entries of the registered useful life of a property may also be required.
For the optimal consolidation of art. 23 of Law No. 17,801, regarding the awareness of the legal condition of the real estate and its pertinent status to individuals, for this, there are the original «D» forms. print the Domain Certificate Form (Front) and the Domain Certificate Form (Back).
The required transactions are related to assets in the Autonomous City of Buenos Aires.
In transactions related to belongings that we can find in the rest of the provinces we can access the Procedure Guide of the Province in which the property is located.
Domain Certificate Form, original and copy.
Who can process it?
They must and can carry out this certificate those who are subscribed to the petition of notary public.
It is necessary to carry it out at the time it starts, arising from the individual need of the user-citizen who carries out the transaction in question.
The validity of the processed document depends on:
15 business days in the case of Notaries of the city of Argentina.
30 business days in the case of Registrars of the Province of Buenos Aires.
The occasions when you must go to the body to do it are generally two opportunities:
- Information about the procedure.
- Granting of documentation.
Steps for the transaction
Get in Venezuela 1135and then, Autonomous City of Buenos Aires, and enter the section «Presentation of Documents».
There you will get a coupon with the details and codes of the transaction such as its issue date, and another of these coupons to inform the «payment batch» in order to pay in the cash register sector.
Once the indicated time has elapsed, the document must be withdrawn with the delivery of the coupon.
You can make the transaction online, if you are a SIPEL user through your official website.
Where is the procedure performed?
The procedure of this procedure is carried out in the Real Estate Property Registry. Located in Buenos Aires. Ministry of Justice and Human Rights of the Nation.
What is the monetary value of the transaction?
Consultation must be made to the value table or, if you prefer, you can calculate the value in the registration procedures calculator obeying the current taxes taking as a starting point, the foundations of the registered data.
Generally, the factors vary between:
Urgent: $143.- ($80.- plus $63.)
- Who should get it? That subject who is in the duty to acquire it, is the one to which a notary public requests it.
- When is it mandatory? It depends on the individual need of the user-citizen, in relation to the transaction.
- Validity of the certificate processed?
– For Registrars of Buenos Aires: 15 days.
– For Notaries of the Province of Buenos Aires: 30 days.
- How many times do you have to go to the agency to make the transaction?
You must attend two times:
- Information about the procedure.
- Granting of deeds.
What body does it depend on??
Registry of Real Estate of the Autonomous City of Buenos Aires. Ministry of Justice and Human Rights of the Nation.
Time from request to delivery
– Common: it is delivered on the third day after it is submitted (Example: it was entered on a Monday, the user withdraws it on Thursday).
– Urgent: delivered on the day, in the afternoon, from 5:00 p.m. to 6:00 p.m.
Delegations in which to carry out the procedure.
What is the relationship of seats and certificates?
It is a myth that the entries are blocked in the records by the certificates during the period for submitting the form, which generally lasts about 15 days, meanwhile the notary public receives the deed, attends the registry, requests the certificate to provide proof of the property .
During the validity of the certificates, there is the possibility of integrating more entries, such as embargoes or inhibitions.
However, during the validity of the certificates, the characteristics of said deeds are reorganized and returned at the time of delivery of the certificates.
In the event that there are new entries after the expiration of the deeds, such entries are automatically saved and they lose their value as indirect property.
What implications are involved in such a blockade?
As has been said, a registry closing or blocking is involved in this process, however, this does not mean that other types of information pertinent to the real estate involved in the legal transaction cannot be entered.
Instead, they agree and will be registered by the Notary, conditionally in relation to the results of the presentation of said document.
What laws exist in relation to notaries?
The same laws apply in the case of inhibition and domain certificate, in summary, in the following articles:
Article 23. – No notary public or public official may authorize documents of transmission, constitution, modification or assignment of real rights over real estate, without having in view the title registered in the Registry, as well as a certification issued for that purpose by said office in the that the legal status of the assets and persons be recorded according to the registered records. The documents that are granted must record the number, date and records that result from the certification.
These articles are also complemented by the number 25.
Which shows that once a certification implied in the aforementioned articles has been granted, the Registry will schedule in the section that is necessary, and will refuse to issue another certification to the good that is the object of the first one during the established compliance period, adding to this , the period of time mentioned in article 5.
No special notification will be made about the certifications passed to this one that have been issued within said period of time.
What is direct priority?
Direct priority is known as that which starts from the idea of the order of more importance, greater interest, paramount in time, relevance in law, to carry out the indirect priority in order to preserve the care of users. This is because it will appear as a priority in the face of probable embargoes.
It should be noted that due to the unjustified request of more than one priority reservation, the registrar is able not to reserve a seat forever.
As we can see, a domain certificate is a document of paramount importance when processing the validation of real estate and derivatives in the Autonomous City of Argentina.
It details your legal situation, endorsing everything that is related to the real estate object of the certificate, demonstrating that it represents our belonging and property, regardless of whether your domain is outdated or current, like your right, it does not matter if it has already expired or is current.
It must be endorsed by a registrar or notary, who must comply with a series of legal stipulations to process the domain certificate, creating a priority reservation.
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